46 U.S. Code § 5116 - Penalties

(a)Except as otherwise provided in this section, the owner, charterer, managing operator, agent, master, and individual in charge of a vessel violating this chapter or a regulation prescribed under this chapter are each liable to the United States Government for a civil penalty of not more than $5,000. Each day of a continuing violation is a separate violation. The vessel also is liable in rem for the penalty.

(b)The owner, charterer, managing operator, agent, master, and individual in charge of a vessel allowing, causing, attempting to cause, or failing to take reasonable care to prevent a violation of section
5112(a) of this title are each liable to the Government for a civil penalty of not more than $10,000 plus an additional amount equal to twice the economic benefit of the overloading. The vessel also is liable in rem for the penalty.

(c)The master or individual in charge of a vessel violating section
5112(b) of this title is liable to the Government for a civil penalty of not more than $5,000. The vessel also is liable in rem for the penalty.

(d)A person causing or allowing the departure of a vessel from a place within the jurisdiction of the United States in violation of a detention order issued under section
5113 of this title commits a class A misdemeanor.

(e)A person causing or allowing the alteration, concealment, or removal of a mark placed on a vessel under section
5103(b) of this title and the regulations prescribed under this chapter, except to make a lawful change or to escape enemy capture in time of war, commits a class A misdemeanor.

Section
5116 provides penalties for violations of load line requirements. The penalties are raised substantially from existing law to provide a sufficient deterrence against violations of the load line requirements and to conform with the level of penalties throughout the subtitle. The monetary penalties have not been changed since the 1930’s.

Section
5116(a) raises from $1,000 to $5,000 the maximum penalty for violation of a load line provision under this chapter or a regulation promulgated under this chapter.

Section
5116(b) raises from $1,000 to $10,000 the maximum penalty for loading a vessel in such a way as to submerge the load line. In addition, a violator must pay up to two times the amount of the economic benefit of the overloading.

Section
5116(c) raises from $500 to $5,000 the maximum penalty for a violation of the requirement in section
5112(b) that the load line position and draft of a vessel be noted in the logbook.

Section
5116(a)–(c) also states that the vessel is liable in rem for the penalty.

Section
5116(d) raises from $1,000 to $10,000 the maximum penalty for a violation of a detention order and may also include imprisonment for up to one year.

Section
5116(e) raises from $2,000 to $10,000 the maximum penalty for the alteration, removal, or concealment of a load line mark and may also include imprisonment for two years.

Amendments

1990—Subsec. (d). Pub. L. 101–380, § 4302(d)(1), substituted “commits a class A misdemeanor” for “shall be fined not more than $10,000, imprisoned for not more than one year, or both”.

Subsec. (e). Pub. L. 101–380, § 4302(d)(2), substituted “commits a class A misdemeanor” for “shall be fined not more than $10,000, imprisoned for not more than 2 years, or both”.

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–380applicable to incidents occurring after Aug. 18, 1990, see section 1020 ofPub. L. 101–380, set out as an Effective Date note under section
2701 of Title
33, Navigation and Navigable Waters.